The Towers Fitness Center Agreement and Waiver of Liability. Name: Company: Address: Building # Suite #

Transcription

1 The Towers Fitness Center Agreement and Waiver of Liability Name: Company: Address: Building # Suite # Office Phone: 1. I understand that the Owner of The Towers Fitness Center (the "Fitness Center"), KBSIII Towers At Emeryville, LLC (herein the "Owner"), through its Manager, Cushman & Wakefield of California, Inc. (the "Manager"), and Kinema Fitness, Inc. (the Fitness Center Manager ), is making the Fitness Center available to tenants of The Towers and their employees. The Fitness Center shall be used only by such tenants and their employees who have signed this Agreement and Waiver of Liability (the "Waiver Agreement"). NO GUESTS, FAMILY MEMBERS OR CHILDREN ARE PERMITTED. 2. I understand and agree that my use of the Fitness Center, and the facilities and equipment located herein, is at my own risk and I assume all the risk of injury associated with use of the Fitness Center and any equipment therein. 3. I understand and agree that neither Owner nor Manager nor Fitness Center Manager will provide any instruction, supervision, or direction regarding the use of the equipment and that I will not use any piece of equipment with which I am not thoroughly familiar and which I do not know how to operate. 4. I understand that the Owner or Manager or Fitness Center Manager may make available, upon request, materials supplied by the manufacturer of such equipment, but that neither Owner nor Manager is in any way responsible for the contents of or any omissions from such material. 5. I acknowledge that the Owner and Manager and Fitness Center Manager have advised me to obtain a medical examination prior to using any of the equipment in the Fitness Center and to refrain from performing any exercises or using any equipment unless approved by my doctor. 6. The Owner and/or Manager and/or Fitness Center Manager shall have the right, from time to time, to promulgate and establish rules and regulations relative to the use and enjoyment of the Fitness Center and I agree to comply with such rules and regulations. 7. The Owner and/or Manager and Fitness Center Manager have the right at any time to discontinue the availability of the Fitness Center either temporarily or permanently. 8. The Owner and/or Manager and/or Fitness Center Manager reserve the right to deny access to the Fitness Center to anyone who fails to comply with the terms of this agreement or the Fitness Center Rules & Regulations attached hereto. I acknowledge that I have read and understand the Fitness Center Rules & Regulations and agree to abide by them. 9. I understand and agree that Membership Dues payments are due in advance and are non-refundable. 10. In the event of any emergency of which the Owner and/or Manager and/or and Fitness Center Manager become aware, I authorize Owner and/or Manager and/or and Fitness Center Manager to secure from any emergency medical personnel, emergency medical transportation, physician or licensed hospital any treatment deemed necessary for my immediate care and agree that I will be responsible for payment of any and all emergency medical transportation and medical services rendered \ v2

2 11. I represent (a) that I am in good physical condition and have no disability, illness or other condition that could prevent me from exercising without injury or impairment of my health, and (b) that I have consulted a physician concerning an exercise program that will not risk injury to me or impair my health. Such risk of injury includes (but is not limited to): injuries arising from my use or the use of others of exercise equipment and machines; injuries arising from my participation or the participation of others in supervised or unsupervised activities or programs at, in or about the Fitness Center; injuries and medical disorders arising from exercising at, in or about the Fitness Center including but not limited to heart attacks, strokes, heat stress, sprains, broken bones and torn muscles and ligaments; and accidental injuries occurring anywhere at, in or about the Fitness Center. In consideration for using the Fitness Center and the equipment in the Fitness Center, I agree, on behalf of myself and my representatives, heirs and next of kin: That I am aware that the Fitness Center, exercise activities and equipment involve possible hazards including risks of injury to persons and property and I am voluntarily entering the Fitness Center and using the facilities and equipment with knowledge of the danger involved, and hereby agree to accept any and all risks of injury or death. To release and not to sue KBSIII Towers At Emeryville, LLC or any of its affiliates, successors and/or assigns (collectively, "Parent"), Owner, Manager or Fitness Center Manager or any of their respective officers, directors, employees and agents from any and all liability to me and my personal representatives, assigns, heirs and next of kin for any loss or damage, and I forever give up any claims or demands therefor, on account of injury to my person or property, including injury leading to my death, whether caused by the active or passive negligence or gross negligence of Parent, Owner, Manager or Fitness Center Manager otherwise to the fullest extent permitted by law while I am in, upon or about the Fitness Center or using the Fitness Center's facilities, services or equipment. To indemnify and hold harmless Parent, Owner and Manager and Fitness Center Manager from any injury, loss, liability, damage or cost that may be incurred due to my presence in, upon or about the Fitness Center or while using any of the equipment in the Fitness Center whether caused by my own negligence or otherwise. That the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the laws of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect. I have read this release and waiver of liability and indemnity clause, and agree that no oral representations, statements or inducement apart from this Waiver Agreement have been made. It is my intention that this release will be effective with respect to each and every claim, demand, liability, judgment, cause of action and expense specified above, and in furtherance of this intention, I waive all rights and benefits under Section 1542 of the Civil Code of the State of California which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." The terms and provisions of this release shall be binding upon and benefit the respective successors and assignees, heirs, distributes, guardians and legal representatives of the undersigned, Parent, Owner and Manager and Fitness Center Manager. 2

3 Initials I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND OWNER, AND SIGN IT OF MY OWN FREE WILL. Signature Date Key Card # (complete if in possession of building or garage access card) Parking Management Office Purposes Only: Form of Payment: Membership Duration: Monthly / Semi-Annually Payment Start Date: Payment Renew Date: $50 Initiation Fee Required: yes / no 3

4 The Towers Fitness Center Rules & Regulations The Fitness Center at The Towers is available for the convenience and enjoyment of its tenants and their employees. Tenants who wish to use the facility must complete a membership application, waiver of liability, and agree to abide by the following rules and regulations. Failure to comply with the rules and regulations set for herein will result in immediate loss of membership privileges. Operating Hours: Membership Dues: 6 a.m. to 8 p.m. There is a one-time initial fee of $50 for new fitness center member Please initial next to one: $35 per month paid by the first of each month $20 daily drop-in fee Membership Dues are (please initial next to one): Paid by individual Paid by employer NO REFUNDS for partial periods 1. No guests, family members or children are permitted. Only authorized members are permitted to use the Fitness Center. 2. Use of the Fitness Center, the equipment and the facilities shall be at the user's own risk. [KBSIII Towers At Emeryville, LLC}its affiliates, successors and/or assigns (collectively, "Parent") and Cushman & Wakefield of California, Inc. Manager") and Kinema Fitness, Inc. ( Fitness Center Manager ) undertake no obligation to and will not provide any training with respect to the use of the Fitness Center, the equipment and the facilities. 3. Equipment shall be used only in the manner for which it is intended. Any malfunctioning equipment should be reported to the Management Office located at 2000 Powell, Suite 100, or by calling (510) Members are responsible for the security of their personal property. Parent, Owner and Manager and Fitness Center Manager assume no responsibility for any personal articles. 5. Lockers are for temporary use while exercising in the facility. Building management will remove and discard any items left overnight. 6. No advertising or posting of notices, pictures, etc. allowed without the prior permission of Owner and/or Manager and/or Fitness Center Manager. 7. No smoking, drugs or alcohol are allowed in any part of the Fitness Center. 8. No boom boxes or loud music of any kind shall be permitted. 4

5 9. Appropriate attire such as rubber soled tennis shoes, T-shirts, and sweatpants are required. No torn or see through clothing, black soled shoes or other inappropriate clothing shall be permitted. Men shall wear shirts at all times, and both men and women shall be required to wear shoes. No bare feet or bare backs! 10. Members are required to keep a cloth towel with them at all times during use of the Fitness Center, and will protect and clean equipment after each use. 11. Member must notify the Owner of The Towers Fitness Center, upon ten (10) days prior written notice that it wishes to terminate membership and cancel payment information on file. Notice shall be delivered to: KBSIII Towers at Emeryville, LLC c/o Cushman & Wakefield of California, Inc. The Towers Emeryville 2000 Powell Street, Suite 100 Emeryville, CA Members credit cards will be automatically billed unless termination notice is received within ten (10) days. 13. If member wishes to reinstate membership at a later date, member will be treated as a new member and will be responsible for the initial $50 fee. 14. All payments must be received within three (3) days of renewal. Should payment not be received within three (3) days, termination will be effective immediately. The Owner and/or Manager and/or Fitness Center Manager reserve the right to amend the above rules and regulations at any time. 5

6 AUTOMATIC CREDIT CARD BILLING AUTHORIZATION FORM To enjoy the convenience of automatic billing, simply complete the Credit Card Information section below, and sign the form. All requested information is required. Upon processing, we will automatically bill your credit card for the monthly fitness charges that are due, and your total charge will appear on your monthly credit card statement. To make changes to your automatic billing please contact Impark at or login to your account to update the information as needed. CUSTOMER INFORMATION Customer Name: Billing Address: Phone Number: CREDIT CARD INFORMATION I authorize Impark to automatically bill my card listed below for my monthly gym membership at The Towers Emeryville. Card Number: Credit Card Type: Expiration Date: Security Code: Signature: Date: This information will be destroyed once the account has been set up online and will only be used for set up purposes.